The Irrawaddy Magazine |
- Daw Aung San Suu Kyi’s Jade Necklace at Peace Dinner Raises Questions
- Religion Minister Seeks Banks’ Help to Track Nationalist Funds
- State Counselor Will Meet Northeastern Armed Group Delegation: Spokesperson
- Saw Mutu Say Poe Calls for Inclusive Peace Negotiations
- Court Charges Tailor Shop Owners Over Torturing, Enslaving Children
- Philippine Military Seeks to Secure Troubled City as Fighting Eases
- Use the Law to Protect Human Rights and the Environment from Irresponsible Investment
| Daw Aung San Suu Kyi’s Jade Necklace at Peace Dinner Raises Questions Posted: 25 May 2017 08:45 AM PDT RANGOON — From the campaign trail to meetings with dignitaries to state dinners, Burma's State Counselor Daw Aung San Suu Kyi is under watchful eyes. Every move she makes is captured on-camera, each word painstakingly analyzed. Even her wardrobe, including her choices of color, design and accessory do not escape the gaze of admirers or critics. Famous for her sense of traditional yet colorful Burmese fashion, Daw Aung San Suu Kyi has served as a style icon of sorts since her release form house arrest in 2011—her signature look one of simple elegance. Unlike many other Burmese women who can also afford to do so, she rarely wears jewelry featuring gold or gemstones. On Wednesday evening, the 71-year-old entered the function hall of the Myanmar Convention Center II in Naypyidaw to attend a dinner to commemorate the onset of the second session of the Union Peace Conference. The State Counselor was seen in a peach-toned blouse and a sarong. Jasmine and red roses were tucked into her hair, as it typically is when she appears in public. But when pictures from the dinner of the State Counselor went viral on Facebook, it was her necklace that attracted the most attention. The piece was noticeably larger than other jewelry she had worn in the past, and was comprised of a set of jade stones. "Normally, people wear amethyst against a peach-colored dress. But she used jade, creating something different and new," said Myo Min Soe, a fashion designer from Mandalay, who added that the move might herald a renaissance in jade accessories. "If you looked at her last night, your attention would go directly to her necklace. Wearing oversized necklaces is trendy among middle-aged women now."  Yet some netizens have expressed shame at seeing the State Counselor wearing jade—a stone harvested in Kachin State, where thousands remain in displaced people's camps due to fighting between Burma Army and local ethnic armed group the Kachin Independence Army. The state is home to hugely profitable mines run by a network of military elites, drug lords, and crony companies who illegally exploit the jade for tens of billions of dollars each year, while most of the local population lives in poverty. One Facebook user shared photos of Daw Aung Suu Kyi in the jade necklace and wrote that despite finding the accessory stylish, "I can't smile seeing her in this jade necklace." Another user complimented the necklace, but said, "whenever I think about jade, only hand-pickers pop up in my mind," referring to thousands of men who risk their lives scavenging for stones from the waste of larger mining companies. For all the criticism, only Daw Aung San Suu Kyi knows where the where the necklace came from, whether it was an expensive gift or an accessory fashioned out of cheap jade. At a press conference, she once told reporters that, when it comes to her appearance, she makes do with whatever is on hand. People also commented on what they described as the inappropriate timing of the fashion statement. They raised questions about her sensibility for wearing jade to the dinner marking the beginning of the peace conference—to which KIA representatives were also invited. A peace agreement between the ethnic armed group and the Daw Aung San Suu Kyi-led government still has not been reached, and thousands displaced by conflict await a resolution. For those living in IDP camps, the State Counselor's choice in attire may seem insignificant; for many, the hope is that her wisdom, patience and collaboration with armed groups in conflict will finally allow them to return home. The Irrawaddy reporter San Yamin Aung contributed to the reporting.
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| Religion Minister Seeks Banks’ Help to Track Nationalist Funds Posted: 25 May 2017 08:08 AM PDT RANGOON — Religious affairs minister U Aung Ko is grappling with the Central Bank of Myanmar for cooperation in order to trace the funds used for the activities of hardline nationalists that include a protest against him last week. About 300 protesters, including nationalists and Buddhist monks, along with roughly 2,700 supporters from across the country, gathered in Naypyidaw on May 20 to accuse U Aung Ko of neglecting Buddhism and favoring Islam. The Ministry of Religious Affairs and Culture cited on May 22 social media posts alleging that protesters were paid sums ranging from 7,000 kyats (US$5) to 30,000 kyats ($22) to participate, and that 800 million kyats ($584,000) went toward organizing the demonstration. On Wednesday, U Aung Ko said his ministry first asked the Central Bank for the account information of every religious and social organization in Burma last July after the nationalist group Ma Ba Tha, also known as the Association for the Protection of Race and Religion, said its members would stage nationwide demonstrations if the government failed to take action against Rangoon Chief Minister U Phyo Min Thein for labeling the group as "unnecessary" for Burma. The State Buddhist Sangha authority or the Sangha Maha Nayaka, known as Ma Ha Na, ordered Ma Ba Tha on Tuesday to cease all its activities. The Central Bank provided the ministry with one whole figure of 300 million kyats, said the minister, but ignored his second request. The Central Bank is the main authority for local private banks, and the government has to go through it to retrieve the information. "Money is the only motivation for people—especially at a grassroots level—to participate in such a demonstration," he said. "If thousands of people come and stage a protest in Naypyidaw, hundreds of millions of kyats would have to be spent. Where did the money come from?" U Aung Ko criticized the bank and other local private banks for being "uncooperative" in the investigation process, adding that he told the President's Office the Central Bank had not responded to the ministry's second request. The minister could not confirm rumors that funds of about 5 billion kyats were designated for the activities of nationalist groups, he said, because of the banks' unwillingness to help. The Central Bank's financial institutions supervision department was not available for comment on Thursday. According to the 2016 Financial Institutions Law, a bank has a duty to maintain secrecy about the information relating to its customers' accounts unless the disclosure of the information is ordered by a court and required for criminal proceedings. U Aung Ko accused United Amara Bank, run by a son of the late U Aung Thaung, a controversial businessman and politician known for his ties with former dictator Snr-Gen Than Shwe, of dealing in the funds of nationalist groups. His allegation prompted the bank to deny "any involvement with Ma Ba Tha" in a public statement on Wednesday night. "We always provide information and data requested by the Central Bank regarding financial cases without any delay," the statement read. The ministry announced on Thursday that it had acted "hastily" by using the bank as an example in explaining its investigation to the media and has since apologized to the bank's management. U Aung Ko claimed "a group of people or an organization" wanting to reverse the transition toward democracy is supporting nationalist groups, though he was not able to confirm the theory. The payment of protesters would violate Section 10 of the Peaceful Assembly and Procession Law, which prohibits any act of paying, bribing of threatening people to participate in demonstrations. Violators face up to one month in prison. U Sanda Siri, a member of Mandalay-based Nationalist Buddhist Monks Association, led hundreds of protesters last Saturday. The monk said it cost 2.8 million kyats to transport protesters from Mandalay and Pyin Oo Lwin to Naypyidaw, adding that the funds came from donors and nationalists. "I don't know about protesters from other places," he said. "But in the place where I took responsibility, protesters were paid nothing." Htet Naing Zaw contributed to this report from Naypyidaw. The post Religion Minister Seeks Banks' Help to Track Nationalist Funds appeared first on The Irrawaddy. |
| State Counselor Will Meet Northeastern Armed Group Delegation: Spokesperson Posted: 25 May 2017 05:33 AM PDT NAYPYIDAW – The government peace commission's closed-door meeting in Naypyidaw with representatives of seven northeastern armed groups on Thursday morning was just a "social" event, according to the commission's Dr. Tin Myo Win. He told the reporters after the meeting that it was held in order to build trust. After peace brokering by a Chinese special envoy between the non-state armed groups and the government, the ethnic delegation arrived in the Burmese capital on Tuesday. The northern delegation joined the opening of the second session of the 21st Century Panglong peace conference and dinner hosted by State Counselor Daw Aung San Suu Kyi as "special guests" on Wednesday. China's ambassador to Burma Hong Liang also attended Thursday's meeting between the government's peace negotiation team and the northern groups. "We will meet the State Counselor on Friday," said the United Wa State Army's (UWSA) spokesperson Zhao Guo An, who expressed the UWSA's gratitude to China and to Daw Aung San Suu Kyi and described the meeting as an opportunity to build trust. Through a translator, Zhao Guo An said that he "did not have any detailed discussion" in Thursday's closed-door meeting. The seven-member delegation representing armed organizations based in northeastern Burma is led by the UWSA vice chairman Bao Yuri. Also participating is the Kachin Independence Army (KIA) vice chairman N'Ban La, the National Democratic Alliance Army (NDAA) secretary U Kyi Myint, the Shan State Progress Party/Shan State Army (SSPP/SSA-S) vice chairman Sao Khun Sai, the Ta'ang National Liberation Army (TNLA) vice chairman Tar Jok Jar, the Arakan Army (AA) deputy chief-of-staff Dr. Nyo Tun Aung, and Myanmar National Democratic Alliance Army (MNDAA) official Phone Win Naing. They said that the FPNCC's general principles and specific propositions concerning political negotiations was agreed upon during their last meeting on April 19 in Panghsang, and was shared with the government. Copies were distributed to the media on Thursday. The State Counselor will meet the seven groups separately. The KIA, UWSA, SSPP and NDAA will be invited to one meeting and she will meet the TNLA, AA and MNDAA in another, said government spokesperson U Zaw Htay at the peace conference's daily press briefing on Thursday. Daw Aung San Suu Kyi will also reportedly host a private lunch for the KIA's N'Ban La and his wife. The post State Counselor Will Meet Northeastern Armed Group Delegation: Spokesperson appeared first on The Irrawaddy. |
| Saw Mutu Say Poe Calls for Inclusive Peace Negotiations Posted: 25 May 2017 04:24 AM PDT Chairman of the Karen National Union (KNU) Saw Mutu Say Poe urged for a more inclusive peace process in his speech on the opening of the Union Peace Conference in Naypyidaw on Thursday. The leader of Burma's oldest ethnic armed organization and signatory of the government's Nationwide Ceasefire Agreement (NCA) denounced the government's position on only inviting NCA signatories as delegates to the conference and said time restrictions were impeding national reconciliation. "We cannot solve the problem covering the whole nation with only those who signed the NCA," he told the ethnic armed group delegates, Burma Army officials, government ministers, members of Parliament, foreign diplomats, and NGO and UN representatives gathered for the second session of the 21st Century Panglong Peace conference. "I want to stress that there are still other national ethnic armed groups who are stakeholders in building up a future federal nation," he said. NCA non-signatory groups—including members of the United Nationalities Federal Council (UNFC)—were not invited to attend as full delegates, but "special guests" with limited participation. Saw Mutu Say Poe criticized "hastily made political negotiations" and said procedures and meetings with time limits and boundaries could not bring about national reconciliation. The Arakan Liberation Party and the Restoration Council of Shan State were unable to complete regional consultations, known as national level political dialogues and an essential step in the NCA procedure, ahead of this session of the peace conference. Peace negotiations should include all stakeholders—the government, parliament, military, NCA signatories and non-signatories, political parties, and civil society representatives—and be held "depending upon race, place and matters." "We need to create this condition; the government and the Tatmadaw were leading the political negotiations, but to build a federal union all stakeholders must participate in the peace process with equal rights," he told the conference. He said negotiations needed to take place free from influences and with sufficient preparation, and that everyone must analyze this session of the Union Peace Conference and judge its effectiveness. The post Saw Mutu Say Poe Calls for Inclusive Peace Negotiations appeared first on The Irrawaddy. |
| Court Charges Tailor Shop Owners Over Torturing, Enslaving Children Posted: 25 May 2017 03:49 AM PDT RANGOON — A Rangoon court charged six family members on Thursday under eight legal statutes—some of which carry life sentences—for the torture and enslavement of two children in the family's tailor shop. Tin Thuzar, 59, Tin Min Latt, 37, Su Mon Latt, 27, and Yarzar Tun, 25, were charged under Burma's Anti-Trafficking in Persons Law, the 1993 Child Law, and for assault under the Penal Code. Ko Latt, 63, and Thiri Latt, 37, were charged under the anti-trafficking law and the child law. All of the defendants, who ran Ava tailor shop and factory in downtown Rangoon's Kyauktada Township, pleaded not guilty in the West District Court. Their lawyers asked the judge to summon some witnesses to testify again. "We'll consult with our clients to file an appeal to the divisional court," said one of the defense lawyers after the court session. The anti-trafficking law carries a sentence of 10 years to life imprisonment, and the child law up to two years and a possible fine. Defendants found guilty of assault can face from seven years to life in prison and a fine. The two girls, Ma San Kay Khaing, 17, and Ma Tha Zin, 18, both from Kawhmu Township, suffered five years of abuse at the hands of the tailor shop owners before the case came under the spotlight in August 2016. The family members were arrested in September 2016. The girls worked as housemaids at the shop since the age of around 10, but that turned into forced domestic servitude. They escaped from the slave-like conditions after Myanmar Now news agency launched an investigative report into the allegations of abuse. Ma San Kay Khaing received treatment at Rangoon General Hospital for more than five months for burns, broken fingers, and flesh wounds reportedly inflicted with knives and scissors. The next court hearing is scheduled for June 8, when prosecution witnesses will testify again. The district judge overseeing the case will retire in June, and a new judge will take her place. The six family members have been detained in Insein Prison since the trial began at the West District Court eight months ago. Translated from Burmese by Thet Ko Ko. The post Court Charges Tailor Shop Owners Over Torturing, Enslaving Children appeared first on The Irrawaddy. |
| Philippine Military Seeks to Secure Troubled City as Fighting Eases Posted: 25 May 2017 12:11 AM PDT MARAWI, Philippines — Troops began clearing out a southern Philippine city besieged by Islamist militants, with hostilities easing on Thursday after thousands fled as the rebels seized large parts of the city and torched buildings in a battle with government forces. Hundreds of civilians, including children, were sheltering in a military camp in Marawi City, where militants linked to the Islamic State group had also taken Christians hostage and set free more than 100 prisoners from two jails. Philippine President Rodrigo Duterte imposed martial law late on Tuesday on impoverished Mindanao, the country's second-largest island, to prevent the spread of extremism after rebels rampaged through the city of 200,000 people. Marawi mayor Majul Gandamra said some rebels from the Maute, a militant group that has pledged allegiance to Islamic State, were still holed up in buildings and sporadic gunfire could be heard. He said troops had isolated the guerrillas but were not engaging them, and that the rebels were posting images on social media to make known their sustained presence in Marawi. "They are still there, surrounded by our military," Gandamra told DZBB radio. Islamic State claimed responsibility for the rampage, which flared on Tuesday afternoon, via its Amaq news agency. The battle started with a failed attempt by security forces to arrest some Maute fighters. Seven government troops and 13 militants had been killed since Tuesday, according to the army. Details from authorities were sketchy and the status of the hostages taken by the Maute was unclear. It was also not known whether civilians had been killed or wounded, or how many rebels remained and how many had retreated. Marawi is located in Lanao del Sur province, a stronghold of the Maute, a fierce, but little-known group that has been a tricky opponent for the military. Its activities are a source of concern for Mindanao native Duterte, who is familiar with separatist unrest but alarmed by the presence of radicals inspired by Islamic State's radical agenda. Duterte threatened harsh measures to prevent extremists taking a hold in Mindanao and said martial law would remain in place for as long as it took to restore order. It was not clear what exactly Duterte planned to do to achieve that. House Speaker Pantaleon Alvarez said Congress had received a mandatory report from Duterte explaining his martial law declaration and lawmakers would discuss it on Monday. Martial law applies for an initial 60 days under the constitution, but that could be shortened or lengthened depending on security considerations, Alvarez said. Human rights experts have expressed concern about possible abuses by the military and police in places under martial rule and say the conduct of security forces during Duterte's deadly anti-drugs campaign has not inspired confidence. Alvarez sought to ally those fears. "Let us not worry about this declaration. There are safeguards in our constitution to prevent abuses," he said. The post Philippine Military Seeks to Secure Troubled City as Fighting Eases appeared first on The Irrawaddy. |
| Use the Law to Protect Human Rights and the Environment from Irresponsible Investment Posted: 24 May 2017 06:48 PM PDT Burma's 2016 Investment Law and the implementing Investment Rules issued in April 2017 create space for the government and civil society to facilitate responsible investment and exclude investors that have track records of environmental destruction and human rights abuses. This means that affected individuals and communities must now test Burma's commitment to the rule of law. There are new opportunities for civil society to use law to hold them accountable. In this regard, both international law and Burma's constitution guarantee access to justice for rights abuses. The Investment Rules instruct the Myanmar Investment Commission (MIC) to consider whether investors have demonstrated a commitment to responsible investment. In considering the good character and reputation of the investor, the MIC may study whether the investor or any associate with an interest in the investment broke the law in Burma or any other jurisdiction. The rules explicitly mention environmental, labor, tax, anti-bribery and corruption or human rights law. What this means is that if an investor is determined to have committed a crime, has violated environmental protection standards or was involved with human rights abuses, the MIC should not grant it a permit. If such a company applies for an investment permit, civil society should bring its record to the attention of the MIC and advocate for the rejection of a permit. Successive governments in Burma have focused on increased investment to develop the country and improve its people's standard of living. At the same time, human rights and environment proponents from civil society have opposed many investment projects, citing the impact on the environment and human rights of local communities. They complain that land rights are not adequately protected, that environmental impact assessments are not implemented and that they lack access to justice for corporate human rights abuses. There are challenges to using the law to protect human rights in Burma. Disputes related to business activity are often considered sensitive political matters in which the courts are unable or unwilling to intervene. They are reluctant to review crucial decisions of administrative bodies or to hold rights abusers accountable. But community activists, human rights defenders and lawyers have increased opportunities to pressure the courts to apply the law and should do so. Lawyers have an important role in protecting human rights by representing local communities. Courts must become a venue to challenge administrative decisions that allow for irresponsible investment that does not comply with national law, and where appropriate, obtain remedies and reparations for victims of human rights violations. The Investment Law and its rules, which govern both local and foreign investment except within special economic zones, provide legal guarantees for investors to access information and protections against expropriation including compensation and access to due process if changes in regulation affect their business. Investors can also access long-term rights to use land. Civil society should help to ensure that only responsible investors benefit from these protections. According to the law, the MIC is the gatekeeper that issues permits and endorsements for many would-be national and international investments likely to cause a large impact on the environment and local community. In order to ensure that the protective aspects of the law are effective, courts must have some power of review, at least to ensure that administrative bodies, such as the MIC, are acting reasonably and in accordance with the law, while respecting and protecting human rights. If the MIC grants permits for companies that do not meet the requirements outlined in the Investment Rules, their decisions must be subject to review by the judiciary. Burma's courts have the authority to review administrative decisions, particularly through the application of constitutional writs. Lawyers can use the writs of mandamus and certiorari to secure the performance of public duties and quash an illegal order already passed by public bodies such as the MIC. This would help ensure the MIC uses its mandate to prevent irresponsible investment. Likewise, investors that fail to respect human rights or unlawfully cause damage to the environment must be held accountable; but there are few options to do so in Burma. Criminal prosecutions against companies, actions imposing administrative sanctions, and civil suits face a variety of procedural hurdles, particularly if involving joint ventures with state run enterprises. For example, a negligence civil suit brought by villagers against the Heinda tin mine in Dawei District was unsuccessful because the 1909 Limitations Act demands complaints to be brought within one year of damage. Section 80 of the Civil Procedure Code requires prior notice and the names of plaintiffs to be given to the government two months before filing a suit against the government and allows small procedural defects to preclude a claim. Lawyers are sometimes unfamiliar with these procedures and communities are reluctant to put their names to such cases fearing reprisals. Clearly there are significant challenges to ensuring that investment in Burma does not adversely affect human rights. To overcome these, civil society and lawyers must engage the administration—the MIC—to ensure only responsible investments is permitted and start to use the judiciary to review its actions. Likewise, cases must continue to be taken against investors that abuse human rights and harm the environment. Powerful investors must be constrained by the confines of the law, including human rights law. Unless civil society and lawyers can use the legal framework to address these concerns, Burma's judicial system is unlikely to develop; lawyers will not gain valuable experience and the public will remain distrustful. The process is long and arduous but necessary to protect human rights and the environment from irresponsible investment. Daniel Aguirre is a legal advisor with International Commission of Jurists (ICJ). The post Use the Law to Protect Human Rights and the Environment from Irresponsible Investment appeared first on The Irrawaddy. |
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